CHAHAL TRADING CO., BHAWANIGARH Vs. VARINDER SINGH

JUDGEMENT

(1.) THIS petition is directed against the order dated 31.3.2004 passed by the Additional Civil Judge (Senior Division), Sangrur, vide which the application for dismissal of the counter claim filed by the defendant-respondents has been declined.

(2.) THE petitioner filed a suit for recovery of certain sums of principal and interest against the respondents. The respondent-defendants filed a counter claim in the suit against the petitioner-plaintiff. The defendants assessed the value of the counter claim at Rs. 1,000/- and paid court-fee of Rs. 150/-. The plaintiff filed an application under Order VII Rule 11, for rejection of the counter claim filed by the respondents on the ground of deficiency of court-fee on the ground that the defendants had made a claim of Rs. 15,00,000/- and, thus, the assessment of Rs. 1,000/- made by them was arbitrary. It was pleaded on behalf of the plaintiff that the defendants ought to have affixed the court-fee on the sum of Rs. 15,000/-. The prayer made by the plaintiff in the application has been declined by the trial Court vide the impugned order.

(3.) HOWEVER , the ratio of the authority cited by the learned counsel for the petitioner is not applicable to the facts appearing in the present case. In the counter claim the defendants have alleged that in the year 2000-01, they had sold the crop of Rs. 6,59,899.60 with the plaintiff, out of which a sum of Rs. 50,000/- had been received by them from the plaintiff. However, in para 6 of the counter claim, it has been alleged by them that they had sold the crop of Sauni 1995 to Sauni 2000 to the plaintiff. In the end of the para it has been stated that if "the account is settled, defendant will owe amount of Rs. 15 lacs towards plaintiff.." In the case reported as M/s Commercial Aviation and Travel Company and others v. Mrs. Vimla Panna Lal, AIR 1988 Supreme Court 1636, in similar facts and circumstances in para 33 of the judgment it has been held by their Lordships of the Apex Court as under :-